01/08/2003 ZONING BOARD OF APPEALS Decisions

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Is 0 Mashpee Zoning Davenport Realty Trust Board of Appeals Owner: Merry Meadow Enterprises, Inc. 3 V-03-14 VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. SPECIFIC FINDINGS 1. that relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. that the shape and topography affect the subject lot and not the district in which it is located. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on April 9, 2003 to grant a Variance of 475 feet on Lot 90 as shown on Land Court Plan 33783-I, Map 55, Parcel 24 to meet the 600 foot frontage requirement on Route 28 in a C-2 zoning district. The Variance is conditioned upon compliance with: Planning Board Endorsement on a plan for the re -division of lots 91, 141, and 90 as referenced on a re -division plan prepared for Cape Cod Fence of Lots 90, 91 and 141, Falmouth Road, Mashpee, J.E. Landers-Cauley, P.E., Civil Environmental Engineering, P.O. Box 364, West Falmouth, MA 02574. - A $5,000 landscaping bond will be posted.